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HomeMy WebLinkAboutComm Svcs - 2005-10-31 COMMUNITY SERYICES COMMITTEE MINUTES OCTOBER 31 2005 CITY OF KITCHENER The Community Services Committee met this date commencing at 3:11 p.m. Present: Chair - Councillor G. Lorentz Mayor C. Zehr and Councillors B. Vrbanovic, J. Gazzola, M. Galloway, J. Smola and C. Weylie. Staff: C. Ladd, Chief Administrative Officer R. Browning, Interim General Manager of Development & Technical Services P. Houston, General Manager of Financial Services & City Treasurer A. Pappert, General Manager of Community Services L. MacDonald, Director of Legal Services & City Solicitor K. Baulk, Director of Enterprise K. Currier, Director of Operations S. Adams, Director of Community Programs H. Gross, Director of Project Administration & Economic Investment M. Hildebrand, Director of Aquatics & Athletics C. Sadeler, Interim Director of Community Programs & Services R. Regier, Executive Director of Economic Development F. McCrea, Assistant City Solicitor L. Eckel-Braun, Manager of Cemeteries G. Hummel, Manager of Park Planning, Development & Operations 1. Konstantinidis, Supervisor of Parking Operations K. Woodcock, Special Projects Officer C. Goodeve, Committee Administrator 1. CSD-05-121 - FREE SATURDAY PARKING (NOY. 26/05 TO DEC. 31/05INCLUSIYE) - CITY OPERATED DOWNTOWN PARKING FACILITIES The Committee was in receipt of Community Services Department report CSD-05-121, dated October 11, 2005 regarding the provision of free parking on Saturdays at all downtown City parking facilities during the upcoming 2005 holiday season. In response to questions, Mr. 1. Konstantinidis advised that the Kitchener Downtown Business Association (KDBA) pays for all advertising and promotions relating to this matter. Mr. K. Baulk noted that the cost incurred by the City for providing this program is due to the loss of parking revenues. Councillor J. Gazzola suggested that the KDBA should be required to contribute funding to help off-set costs as they benefit directly from this program. He expressed concern that residents who do not live in the downtown area are subsidizing this program through their property taxes. On motion by Councillor B. Vrbanovic - it was resolved: "That free parking be provided at all City of Kitchener operated downtown parking facilities on Saturdays commencing November 26, 2005 and extending through the Christmas season to December 31,2005 inclusive." 2. CSD-05-133 - KOR GALLERY OUTSTANDING LOAN & UTILITY BILL The Committee was in receipt of Community Services Department report CSD-05-133, dated October 28, 2005 concerning the KOR Gallery's outstanding loan and utility bill. Ms. C. Sadeler advised that on August 31, 2005 the KOR Gallery's Board of Directors voted to cease operations of the Gallery as the result of long standing financial challenges. She noted that it was a priority of the Board to minimize the negative impact this decision may have on KOR staff and volunteers. Subsequently, a trustee was appointed by KOR to assist the Board in the orderly shut down of operations, including the liquidation of assets and payments to secured and unsecured creditors. She stated that on October 12, 2005, City staff received correspondence from KOR seeking forgiveness for the balance of an outstanding loan owed to COMMUNITY SERYICES COMMITTEE MINUTES OCTOBER 31 2005 - 90- CITY OF KITCHENER 2. CSD-05-133 - KOR GALLERY OUTSTANDING LOAN & UTILITY BILL (CONT'D) the City in the amount of $29,517. and a utility bill in the amount of $6,353.51. Ms. Sadeler advised that time is of the essence as it is KOR's intention to dissolve before the end of 2005. She advised that the goal of staff's recommendation is to minimize the negative impact incurred by KOR's staff and volunteers while protecting the City's interest. In response to questions, Ms. C. Sadeler advised that the KOR Gallery has not gone into receivership. Ms. A. Pappert added that this is an unusual situation, given that a trustee is in place who was providing the Board with advice and not running the formal shut down process. On motion by Mayor C. Zehr, the staff recommendation was brought forward for consideration. Mayor Zehr stated that the City will retain the KOR facility as an asset, which underwent improvements and could represent a potential profit and the impact to small investors will be minimized. Councillor J. Gazzola expressed the opinion that this report was premature and should be considered after the worth of the assets have been determined. Ms. C. Sadeler approximated the value of the Gallery's liquidible assets at $20,000., which she noted would cover the outstanding fees owed to the artists and web designer. A motion by Councillor M. Galloway to defer this matter to the November 7, 2005 Council meeting to allow staff time to provide information regarding the actual value of the liquidable assets of the KOR Gallery, was voted on and Lost. Ms. A. Pappert advised that the true value of the Gallery's assets will not be known until they are sold at the end of November 2005. She stated that forgiveness of the loan payment was balanced against leaseholder improvements to the property, which value is expected to off-set the loan balance. Councillor G. Lorentz requested that staff go through the Gallery and provide an estimate of the building's value by the November 7,2005 Council meeting. Ms. C. Sadeler advised that staff is requesting any recommendations from this Committee regarding this matter be dealt with at the special Council meeting scheduled for later this date, to minimize the financial impact to the artists and volunteers. Councillor J. Gazzola advised that he would not support the motion due to the lack of information received regarding the Gallery's assets and liabilities. Councillor B. Vrbanovic spoke in support of the motion, stating that this matter needs to be dealt with expeditiously to minimize the impact to the Gallery's volunteers. Councillor M. Galloway questioned the City's liability regarding potential legal action, and was advised that with the City being added to the list of unsecured creditors and as long as the funds are distributed equitably, there is no liability to the Corporation. At the request by Councillor J. Gazzola, the following motion was carried on a recorded vote, with Mayor C. Zehr and Councillors C. Weylie, B. Vrbanovic and J. Smola voting in favour and Councillors J. Gazzola, M. Galloway and G. Lorentz voting in opposition. It was noted in the agenda that any recommendation from this Committee will be considered at the special Council meeting to be held later this date. On motion by Mayor C. Zehr - it was resolved: "That the KOR Gallery loan in the amount of $29,517. be written off as requested by the KOR Board of Directors in their letter dated October 12, 2005; and further, COMMUNITY SERYICES COMMITTEE MINUTES OCTOBER 31 2005 - 91 - CITY OF KITCHENER 2. CSD-05-133 - KOR GALLERY OUTSTANDING LOAN & UTILITY BILL (CONT'D) That the outstanding utility bill of $6,353.51 for the KOR Gallery, 79 Joseph Street, Kitchener is repaid by the KOR Gallery on a pro-rated basis, with the City of Kitchener acting as an unsecured creditor, as outlined in Community Services Department report CSD-05-133. " 3. DELEGATION PRESENTATION - 2005 CHRISTMAS FANTASY IN YICTORIA PARK UPDATE The Committee was in receipt of correspondence, dated September 27, 2005, from Ms. Nancy Crossley concerning the 11 th annual Christmas Fantasy in Victoria Park. Ms. N. Crossley, Chairperson of the Christmas Fantasy in Victoria Park, provided an overview of last year's event, themed "An Old Fashioned Country Christmas". She stated that approximately 550 people attended the opening ceremonies, with the program accumulating over $1,300. in donations and booth sales. She added that $7,500. in corporate sponsorships were received last year and this year they are hoping to increase that amount to $10,000. She advised that for this coming year they have been implementing the 2nd phase of their expansion to provide a light display at the Rolland Street bridge, at a cost of approximately $15,000. She pointed out that they have approximately $35,000. remaining of the City's funding from last year and after their expansion projects are completed, they wish to maintain a balance between $10,000. to $15,000. She noted that over 1,000 attendees are anticipated for this year's event. The Committee members congratulated Ms. Crossley for this event's continued success. 4. DELEGATION PRESENTATION - NORRIS BAKERY - SALE OF SAUSAGES AT KITCHENER MARKET At the request of Mr. A. Norris' legal council, this item was withdrawn and not considered this date. 5. CSD-05-124 - REQUEST TO INCREASE ANNUAL OPERATING FUNDS - AMENDMENT TO LICENCE AGREEMENT - HERITAGE GREENS LAWN BOWLING CLUB The Committee was in receipt of Community Services Department report CSD-05-124, dated October 17, 2005 concerning an increase to the Rosenberg Bowling Greens operating budget and an amendment to the City's licensing agreement with the Heritage Greens Lawn Bowling Club. Mr. Les Houston, Heritage Greens Lawn Bowling Club, advised that since 2002 his Club has had a 10-year license agreement with the City for the use and provision of services at the Rosenberg Bowling Greens facility located at the Grand River Recreation Complex. He stated that a typical season for the Club can consist of over 6,800 members and 650 tournament participant visits. He added that the Rosenberg Bowling Greens is considered one of the best facilities in Ontario, and last August co-hosted the Lawn Bowling World Championships. Mr. Houston stated that there is a significant amount of resources dedicated to yearly greens maintenance by the Club; however, due to budget constraints they have reluctantly sacrificed the annual aeration and top-dressing. He expressed concerns that if the annual aeration and top-dressing does not recommence, the quality of the greens will substantially decrease, affecting their ability to attract and retain bowlers as well as tournaments. He noted that while the City provides the labour and equipment to perform this maintenance, the Club is asking that the terms and conditions of the license agreement be amended to alleviate the Club from responsibility for the associated costs. In response to questions, Mr. L. Houston stated that essentially the Club is requesting that the City aerate and maintain its own property. Mr. M. Hildebrand advised that the City's Golf Services staff will provide the aeration and top-dressing and if approved, will become an annual cost included in the Grand River Recreation Complex budget. COMMUNITY SERYICES COMMITTEE MINUTES OCTOBER 31 2005 - 92- CITY OF KITCHENER 5. CSD-05-124 - REQUEST TO INCREASE ANNUAL OPERATING FUNDS - AMENDMENT TO LICENCE AGREEMENT - HERITAGE GREENS LAWN BOWLING CLUB (CONT'D) On motion by Councillor C. Weylie - it was resolved: "That subject to final approval, as part of the 2006 operating budget deliberations, $1,560. be added to the Grand River Recreation Complex operating budget to cover the cost of labour and materials for annual year-end aerating and top-dressing, for the Rosenberg Bowling Greens; and further, That subject to budget approval, the Mayor and Clerk be authorized to execute an amendment to the licence agreement between the City of Kitchener and the Heritage Greens Lawn Bowling Club, subject to the satisfaction of the City Solicitor, for the use and provision of services at the Rosenberg Bowling Greens, as outlined in Community Services Department report CSD-05-124." 6. CSD-05-111 - PARTNERSHIP AGREEMENT - 2006 INTERNATIONAL SOFTBALL CONGRESS (ISC) WORLD TOURNAMENT The Committee was in receipt of Community Services Department report CSD-05-111, dated October 17, 2005 concerning the 2006 International Softball Congress (ISC) World Tournament Partnership Agreement. Messrs. Tom Clancy and Ray Alviano, KW Fastball Promotions Inc. (KWFP) advised that due to an increase in sponsors they no longer require the $10,000. loan from the City, as outlined in the staff recommendation. Mr. Clancy stated that the 2006 ISC World Tournament is estimated to have a local economic impact of over $7M. He added that work is underway to enhance the Peter Hallman Ball Yard in preparation of hosting the 2006 ISC World Tournament. He advised that the ISC approached the Host Committee to request the City of Kitchener also support hosting the 2007 ISC World Tournament and the Host Committee will meet next Monday to formally decide if they are going to proceed with this initiative. He noted that informal conversations with other Host Committee members lead him to believe that they will agree to host the tournament in back-to-back years. Mr. Clancy advised that to undertake these expanded duties they will require the City's assistance, particularly in the area of maintaining and managing their financial records. He noted that if they assume the duties of hosting the 2007 Tournament they would qualify for a Trillium grant, which could be used to install a permanent pavilion at the Ball Yards. He stated that to facilitate hosting both Tournaments, the proposed partnership agreement, as outlined in the staff report, will need to be amended to provide for the City's support for two years. Mr. Clancy requested that the Committee refer this matter back to staff so that the details of hosting both Tournaments can be discussed. In response to questions, Mr. T. Clancy advised that due to financial difficulties the original host city for the 2007 Tournament was requested by the ISC to withdraw. He noted that thanks largely to Kitchener's assistance with managing and keeping the Host Committee's financial records, the ISC requested Kitchener to host the 2007 Tournament. Mayor C. Zehr raised concerns regarding the City's portion of event profits in the event of a deficit and the impact of including KWFP under the City's Municipal Liability Insurance Program relative to the insurance deductible. He suggested that the format of the partnership agreement be examined having regard to these issues. On motion by Councillor J. Gazzola the staff recommendation in Community Services Department report CSD-05-111 was brought forward for consideration, dealing with the partnership agreement with KWFP for hosting the 2006 ISC World Tournament. At the request of Councillor Gazzola, it was agreed to amend the motion to delete reference to the $10,000. loan for initial start-up costs. COMMUNITY SERYICES COMMITTEE MINUTES OCTOBER 31 2005 - 93- CITY OF KITCHENER 6. CSD-05-111 - PARTNERSHIP AGREEMENT - 2006 INTERNATIONAL SOFTBALL CONGRESS (ISC) WORLD TOURNAMENT (CONT'D) Councillor J. Gazzola also suggested that the motion be amended to add reference to the year '2007' in all paragraphs referencing the 2006 ISC World Tournament to indicate the City's support should KWFP choose to pursue hosting the 2007 Tournament. Mayor C. Zehr suggested that instead of including '2007' in all paragraphs, an additional clause be added to the motion to indicate the City's support in the event KWFP decides to pursue hosting the 2007 Tournament. Mr. 1. Clancy advised that the Host Committee has yet to come to a formal decision regarding the 2007 Tournament, which will not be made until November 7,2005. Mr. K. Baulk suggested, and the Committee agreed, that this matter be referred back to staff and a subsequent report be provided at the November 7,2005 Council meeting. 7. CSD-05-125 - CEMETERIES OPERATIONS & STRATEGIC BUSINESS ALTERNATIYES PLAN The Committee was in receipt of Community Services Department report CSD-05-125, dated October 26, 2005 regarding the Cemeteries Operational and Strategic Business Alternatives. In addition, the Committee was in receipt of the "City of Kitchener Cemeteries Operations Review and Strategic Business Alternatives", dated September 2005, developed by F.J. Galloway Associates Inc. Councillor B. Vrbanovic declared a pecuniary interest and abstained from all discussion and voting concerning this matter, as he owns a property that backs onto a City cemetery. Mr. K. Baulk advised that staff is requesting the recommendations of the Strategic Business Alternatives be referred to them for review and comment; to be followed by development of an implementation plan. Mr. Fred Galloway, F.J. Galloway Associates Inc. advised that legislative changes to the Cemetery Act are awaiting final approval by the Province. He stated that the changes are being rolled out in clusters which are expected to be finalized and in place within the next 18- 24 months. He added that these changes have the potential to significantly impact the bereavement industry by providing new opportunities for all industry sectors, such as: · fostering a level playing field by allowing provisions for funeral homes on cemetery property: and, · allowing entry of funeral homes into cemetery cremation services. He advised that the main operating impact of the legislation is that it allows for a 'one-stop/one site' approach to funeral services and cemetery internments, and includes some consumer protection and regulatory provisions. Mr. Galloway stated that industry consultations took place with local funeral directors, monument dealers and mausoleum builders. He then outlined key strategic recommendations, as follows: · that the City of Kitchener remain in the cemetery business on a long term basis; · that cemetery operations continue to move towards a business model focused on reduction of its annual operating subsidy; · that Kitchener approach the City of Waterloo to consider opportunities for an integrated strategy to operate cemeteries; · that the City not build or operate a funeral home on its property, but consider third party operation depending on future market forces following legislation; and, · that conceptual design and business planning commence for the Williamsburg Cemetery Phase II development. COMMUNITY SERYICES COMMITTEE MINUTES OCTOBER 31 2005 - 94- CITY OF KITCHENER 7. CSD-05-125 - CEMETERIES OPERATIONS & STRATEGIC BUSINESS ALTERNATIYES PLAN (CONT'D) Key operational and development recommendations are as follows: · that the City consider fee increases to assist in eliminating its operating subsidy; · that an intensive 5 year marketing campaign be undertaken to facilitate the transition from near capacity Woodland Cemetery to Williamsburg Cemetery; · that any further mausoleum development only be considered following business planning and a pre-sales initiative that would confirm interest and success; · that the City develop a strategy for a long term venue/solution for provision of cemetery services; and, · that potential Woodland Cemetery expansion opportunities not be considered but infilling strategies on current property be considered. In response to questions, Mr. Galloway advised that market trends indicate that for some segments of society internment is no longer as important as it once was. He advised that Woodlawn Cemetery is nearing capacity and while at present Williamsburg Cemetery is not in a central location, it may be in the future. He stated that the consultation process with the bereavement industry was an important aspect in forming the recommendations. Mr. K. Baulk advised that there will be further opportunities for members of the private sector to comment on this report. He noted that Mr. F. Galloway took a 2 level approach to his consultation, meeting one-an-one with industry stakeholders and then collectively. Mr. Baulk added that one of the goals of this report is to be supportive of the local bereavement industry. Mayor C. Zehr spoke in favour of staff seeking a greater level of public consultation on this matter. Mr. Robert Milligan, resident, spoke of alternative burial concepts for the Williamsburg Cemetery. On motion by Mayor C. Zehr, the staff recommendation was brought forward for consideration. Mayor Zehr requested that the wording of the recommendation be modified to clarify that development of the implementation plan will be done as a result of staff's review and assessment. On motion by Mayor C. Zehr - it was resolved: "That the Cemetery Operations and Strategic Business Alternatives Plan as presented by F. J. Galloway and Associates Inc. be received; and, That staff be directed to review, assess and comment on the recommendations of the Cemetery Operations and Strategic Business Alternatives Plan for consideration of the Community Services Committee; and further, That on completion of said assessment, an implementation plan be developed for presentation to the Community Services Committee no later than February 2006." Councillor B. Vrbanovic previously disclosed a pecuniary interest and abstained from all discussion and voting concerning this matter as he owns property backing onto a City cemetery. 8. CSD-05-127 - LEISURE FACILITIES MASTER PLAN PROGRESS REPORT At the request of staff this item was withdrawn and not considered this date. 9. CSD-05-128 - MARKET POSITION PAPER At the request of staff this item was withdrawn and not considered this date. COMMUNITY SERYICES COMMITTEE MINUTES OCTOBER 31 2005 - 95- CITY OF KITCHENER 10. CSD-05-134 - FINAL APPROYAL OF AGREEMENTS - DOWNTOWN COMMUNITY CENTRE The Committee was in receipt of Community Services Department report CSD-05-134, dated October 26, 2005 concerning agreements for the Downtown Community Centre. Ms. S. Adams advised that staff have been working with the Waterloo Catholic District School Board (WCDSB) to finalize the agreements and requested approval of the staff recommendation so that the agreements may be executed expeditiously. In response to questions, Ms. F. McCrea advised that the circulated agreements are in a standard format that staff use as a means of ensuring consistency. She stated that 2 changes have been made to the Joint Venture agreements; the first is that the number of parking spaces was reduced to 40 from 45. The second change was to the proposed term of the sublease, which is now set at 49 years as opposed to the original 90 years. She noted that as a result of changing the term the City will not incur a land transfer tax and staff was of the opinion that this timeframe still allowed sufficient time to assess future use. Councillor J. Gazzola noted that given the sizable amount of information circulated, he would prefer holding off approval of this matter until the November 7, 2005 Council meeting. Ms. F. McCrea advised that due to the time constraints imposed by the conditions of Superbuild funding, the agreements need to be executed expeditiously. She added that the Region of Waterloo's signing of the agreements could take up to 3 weeks and the goal is to have everything to the Province by the end of December 2005. Mayor C. Zehr pointed out that the word 'Catholic' was missing from the phrase WCDSB in the last paragraph of the recommendation and asked that it be inserted. It was noted in the agenda that any recommendation from this Committee will be considered at the special Council meeting to be held later this date. On motion by Councillor J. Gazzola - it was resolved: "That the Mayor and Clerk be authorized to execute the Joint Venture/Joint Use Agreement with the Waterloo Catholic District School Board for the development of the Downtown Community Centre, 35-B Weber Street West, Kitchener, in the form approved, to the satisfaction of the City Solicitor; and, That the Mayor and Clerk be authorized to execute a Sub-Lease with the Waterloo Catholic District School Board for the premises of the Downtown Community Centre for a term of 49 years at an annual rental of One ($1.00) Dollar, substantially in the form approved, to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute an Operations Agreement with the Waterloo Catholic District School Board for the operation of the common facilities and areas associated with the Downtown Community Centre in the form approved, to the satisfaction of the City Solicitor." 11. CRPS-05-162 - STATUS OF FORENSIC REYIEW - KITCHENER MINOR SOCCER INC. The Committee was in receipt of Corporate Services Department report CRPS-05-162, dated October 28, 2005 regarding the status of the forensic review of Kitchener Minor Soccer Inc. In response to questions, Ms. L. MacDonald advised that the forensic review report contains a substantial amount of personal information that requires examination using FOI standards and could take a considerable amount of time. Consequently, a definitive timeframe as to when the forensic review will be made public is unknown at this time. Mayor C. Zehr asked that staff provide an estimated timeframe for public release of the COMMUNITY SERYICES COMMITTEE MINUTES OCTOBER 31 2005 - 96- CITY OF KITCHENER forensic review at the November 7,2005 Council meeting. 11. CRPS-05-162 - STATUS OF FORENSIC REYIEW - KITCHENER MINOR SOCCER INC. (CONT'D) On motion by Mayor C. Zehr- it was resolved: "That the findings of the Waterloo Regional Police Services regarding the Forensic Review of Kitchener Minor Soccer Inc., prepared by KPMG be received; and, That the Forensic Review be made public following the application of the Municipal Freedom of Information and Protection of Privacy Act; and further, That once the Forensic Review document is made public, staff review it to determine if there are any possible adjustments to the way the City deals with affiliated groups and report back to a future Council meeting." 12. ADJOURNMENT On motion, the meeting adjourned at 5:20 p.m. Colin Goodeve Committee Administrator